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Ca you be fired while under going eap counseling if you

Ca you be fired while under going eap counseling if you reach out to your HR dept about working in a hostile work enviorment

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

There hasn't been a termination yet, I have contacted my HR department about my manager causing a hostile work environment since his friend was terminated for threating me on the job, I went out of town to bury my mother and was written up on a final for insubordination.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will... Its a contracted company

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They advised me my allegations were proven to be untrue last year yet the person was terminated. Immediately after returning back to work all my calls are monitored I am micromanaged by my manager that does not acknowledge me at all I am singled out daily and he acts as if I am not at work when handing out assignments to others. HR advised me to schedule EAP counseling for a stressful work enviornment yet they are stating i am stressed it is not coming from my manager

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Here you woudl file with EEOC and claim retaliation.It is clear that employer retaliated against your prior complaints.Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases.

he EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:

filing or being a witness in an EEO charge, complaint, investigation, or lawsuit

communicating with a supervisor or manager about employment discrimination, including harassment

answering questions during an employer investigation of alleged harassment

Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violateEEO laws, even if he or she did not use legal terminology to describe it.

Need guidance and help. Recently employed with a government agency. I resigned due to the hostle work enviornment i endured daily. I was discriminated and harassed by my supervisor for the past 4 year… read more

Is there a case for a "hostile work environment" lawsuit if you witness and receive daily meetings with your boss where he talks to you, and others, in a disrespectful, unprofessional and sometime hum… read more

I have worked in a toxic hostile work enviornment since uncovering an embezzlement, have been demoted, hours reduced etc. HR person failed to give me any reviews for 4 years, and set me up to look bad… read more

I am a NJ licensed MSW w/15 yrs exp. at same dialysis co. I was out for carpal tunnel surgery and under worker's comp. 15 months ago. I am 57 yrs. old & left to go to ER as I thought I was having hear… read more

I am at the edge of my wits regarding this repetitive verbal abuse, mistreatment, micromanagement and other activities that repeatedly demean who I am or are discourteous are taking a toll on me. I am… read more

I am 4 months into a supervisory role with a new employer. My direction from my hiring managers was to instigate organizational change. Following 20years of org. Chg. dynamics, I am encountering what … read more

Can I sue my employer? * One employee refused my directive, and I directed her to an area we could talk privately. * During our conversation, she became distraught, begin yelling at me. I directed her… read more

Well, I am a state employee who has 15 years of service and 11 years in my title and a full time CWA Union member. I asked my Department Head to clarify what my job responsibilites were because I was … read more

I work for the State of Illinois (Dept. of Human Services) and I am continusly harassed, written up and facing suspension for actions that women collegues practice on a daily basis. I have complained … read more

I live in chicago I work for a law firm the attorney I worked for the last 6months made racial slur and deogetory comments about staff peers clients everyone, when asked her to not do this in my prese… read more

I filed a complaint on my boss for having sex with me in 2007 and filed it with the EEOC of Tampa Fla, it was swept under the rug and the powers that be HR and Manager informed me after leaving the ho… read more

Is it hostile when a manager(M)yells, cries, takes off from the office, or locks themselves in the office or has a very loud dispute with the boss(B), then the boss text the asst. (A) that they are so… read more

I have an employee who has freely admitted to me that she has a mental illness. I have made all the accomidations to her that I could reasonably be expected to give. She has been late to work dozens o… read more

I just terminated my employment,due to stress ,due in part to ethic lines i felt were crossed by my manager regarding statements about other employees,unfair treatment.I have through a third party lea… read more

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).